Reviewed August 2026
Uncontested Divorce Checklist in Nebraska
A Nebraska divorce is uncontested when both spouses agree the marriage is over. They also need to settle property, debt, and any parenting and support issues without a trial. Nebraska calls the case a dissolution of marriage, and it has only one ground: the marriage is irretrievably broken. Nebraska has no fault grounds left on the books. So an agreeing couple never has to prove wrongdoing, only that they both want out and have worked out the terms. Nebraska's self-help courts publish a specific Simple Divorce packet for agreeing couples with straightforward finances. It comes with real eligibility limits tied to property and retirement accounts. Couples who do not qualify still file the standard dissolution complaint. They just cannot use the simplified forms. Either way, the case is filed in district court, not county court. Both tracks share the same minimum 60-day wait after the other spouse is served.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Nebraska law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Nebraska paperwork. See how Virdix works for California divorces.
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What makes a Nebraska divorce uncontested
A case is uncontested when both spouses agree the marriage is irretrievably broken. They also need a written agreement on property and debt division. If they have children, they need agreement on custody, parenting time, and child support too. Nebraska requires at least one spouse to have lived in the state for a full year before filing. There is an exception when the marriage took place in Nebraska and one spouse has lived there continuously since. Once residency is met and both spouses agree, the case can proceed without a contested trial.
Simple Divorce eligibility
Nebraska's Simple Divorce packets are built for agreeing couples with uncomplicated finances. The state's self-help courts publish them. To use them, neither spouse can have a pension or retirement account. Neither can own real property, and neither can be asking for alimony. Couples with no minor children use one version of the packet. Couples with minor children use a version that also covers a parenting plan and Nebraska's child support worksheet. A couple who owns a home, has a 401(k) or pension, or wants spousal support does not qualify for Simple Divorce. They file the standard Complaint for Dissolution of Marriage instead. That process is not much harder to complete uncontested. It just is not built around the simplified packet.
Document checklist
An uncontested Nebraska filing typically includes a Complaint for Dissolution of Marriage, a Summons, and a Certificate of Dissolution for vital records. Cases with children add a parenting plan and child support worksheet. Simple Divorce filers use the state's numbered self-help forms. These are referenced as the DC 6:4 series for cases without children and the DC 6:5 series for cases with children. Anyone who cannot afford the roughly $200 filing fee can submit a Request to Proceed Without Payment of Court Fees. That is the state's fee waiver form, and it requires showing low income.
Is a hearing required
Not always. Nebraska law requires at least 60 days to pass after the respondent is served before a decree can be entered. At that 60-day mark, the court can enter a decree without a hearing, but only under specific conditions. Both spouses must waive the hearing in writing. They must certify the marriage is irretrievably broken and that reconciliation efforts were attempted. They must have already signed a written agreement resolving every issue in the case. If the couple has not met all of those conditions, or if any issue remains open, the case proceeds to a hearing before the decree is entered.
Sources: Nebraska Revised Statute 42-349, dissolution: irretrievable breakdown as sole ground, Nebraska Revised Statute 42-361, decree: hearing requirements and waiver, Nebraska Judicial Branch, Simple Divorce (no children) self-help page, Nebraska Judicial Branch, Families & Children self-help hub
Not independently confirmed
- Whether self-represented filers can e-file a dissolution complaint through the statewide JUSTICE system or must file on paper
- Whether every Nebraska county district court applies the Simple Divorce eligibility rules identically or adds local requirements
Uncontested Divorce Checklist in Nebraska: frequently asked questions
What qualifies a Nebraska divorce as uncontested?+
Both spouses agree the marriage is irretrievably broken, Nebraska's sole ground for dissolution. They also need agreement on property, debt, and any custody and support issues. At least one spouse must have lived in Nebraska for a year before filing, unless the marriage happened in Nebraska and one spouse has lived there continuously since.
Who qualifies for Nebraska's Simple Divorce?+
Couples who agree on everything and meet three conditions. Neither spouse can have a pension or retirement account, own real property, or want alimony. Couples with minor children can still use Simple Divorce if those three conditions are met. They use the version of the packet built around a parenting plan and child support worksheet.
Can we finalize our Nebraska divorce without a hearing?+
Yes, if both spouses waive the hearing in writing. You also need to certify the marriage is irretrievably broken, certify reconciliation efforts were made, and have a signed agreement resolving every issue. The court can then enter a decree once 60 days have passed since the other spouse was served. Missing any condition means a hearing is required.
What if we own a house or have retirement accounts?+
You cannot use the Simple Divorce packet. It requires neither spouse to own real property or hold a pension or retirement account. You still file for dissolution the standard way, using the Complaint for Dissolution of Marriage. The case can still proceed uncontested as long as you both agree on the terms.
How long does an uncontested Nebraska divorce take?+
At minimum, 60 days from the date the other spouse is served. Nebraska law does not let a decree enter before then. In practice, timing depends on how quickly both spouses complete the agreement, whether they qualify to waive the hearing, and the district court's own scheduling.
Do we need a lawyer for an uncontested Nebraska divorce?+
No. Nebraska's self-help courts publish the Simple Divorce packet and standard dissolution forms for spouses representing themselves. Couples with retirement accounts, real property, or other complex assets sometimes still have an attorney review the settlement agreement before signing, even without using one to litigate.
This page is general information about uncontested divorce checklist in Nebraska, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Nebraska's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Nebraska. Virdix does not prepare or file Nebraska divorce paperwork. It is not a substitute for an attorney licensed in Nebraska.
More Nebraska divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Nebraska, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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